Model Riparian Buffer Protection
Overlay District
Proposed Regulations For Use In A
Municipal Zoning Ordinance
Brandywine Conservancy and Pennsylvania Land Trust Association
Edition of April 25, 2014
Section 100. Purpose and Intent. The specific purposes and intent of this article are to:
A. Conserve, protect, and restore natural riparian resources through scientifically
supported processes.
B. Maintain and improve surface water quality by reducing the entry of detrimental
substances, including nutrients, sediment, organic matter, pesticides, and other
harmful substances that reach watercourses, wetlands, and surface and subsurface
water bodies.
C. Reduce the entry of detrimental substances by restricting development and uses in
riparian areas that intercept surface water runoff, wastewater, subsurface flow and
deep groundwater flows from upland sources and where the processes of
filtration, deposition, absorption, adsorption, plant uptake, sediment and
phosphorus attenuation, denitrification and infiltration may occur; encouraging
sheet flow and minimizing, mitigating and preventing concentrated flows of storm
water runoff across riparian areas, and securing increased channel and bank
stabilization that avoids stream bank erosion and associated water quality,
quantity and flow harms.
D. Attenuate flooding and reduce soil loss.
E. Reduce adverse aquatic health impacts due to changes in the temperature of
receiving waters (both temperature increases and temperature decreases) as a
result of storm water runoff, loss of vegetative shading and direct discharges to
water bodies.
F. Enhance in-stream processing of nutrients and pollutants such as pesticides and
reduce the downstream movement of pollutants.
G. Improve and maintain the safety, reliability and adequacy of the water supply for
domestic, agricultural, commercial, industrial and recreational uses along with
sustaining diverse populations of aquatic flora and fauna.
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H. Provide wildlife habitat, protect native plant species, and provide opportunities for
passive recreation.
I. Conserve headwater areas, groundwater recharge zones, floodway, floodplain,
springs, seeps, streams, wetlands, woodlands, prime wildlife habitats and other
features that provide recreational value or contain natural amenities, whether on
developed or undeveloped land.
J. Integrate with floodplain, steep slope, woodland protection and other ordinance
requirements contained herein that regulate environmentally sensitive areas to
minimize hazards to life, property and riparian features.
K. Conserve scenic and recreation areas within and adjacent to riparian areas.
L. Protect the watercourses and wetlands otherwise not regulated or superseded by
Section 102 of the Pennsylvania State Code.
M. Regulate the use, siting, engineering and maintenance of all development to be
consistent with the purposes and intent of this article and accepted conservation
practices and to work with the carrying capacity of existing natural resources.
N. (When applicable) Further the Chesapeake Bay Tributary Strategy goals and
objectives by implementing best management practices (BMPs) to address point
and non-point pollution sources.
Section 200. Definitions. (In addition to other definitions typically found within the
zoning ordinance)
APPLICANT – a landowner or developer who has filed an application for subdivision or
land development or for any zoning or building permit that will result in land disturbance,
including his heirs, successors and assigns or the equitable owner of property with the
owner’s permission. Applicants must either be the legal or beneficial owner or owners of
land subject to the application, including the holder of an option or contract to purchase
(whether or not such option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner, or other person having
a proprietary interest in land.
BANKFULL FLOW OR LEVEL – The discharge that just fills the water channel to the
top of its banks and at a point where the water beings to overflow onto a floodplain.
BEST MANAGEMENT PRACTICE (BMP) – A structural or non-structural device
designed to temporarily store or treat stormwater runoff in order to mitigate flooding and
pollution, and reduce soil loss and water quality degradation caused by runoff containing
nutrients, animal wastes, toxins, and sediments.
FORESTED RIPARIAN BUFFER – A riparian buffer that consists predominantly of
native trees, shrubs and/or herbaceous plants that provide a minimum of sixty (60)
percent uniform canopy coverage.
IMPACTED RIPARIAN BUFFER – A riparian buffer that, as a result of land use or
land development activity, contains impervious cover or landscape use or management
activity such that it no longer meets the definition of “forested riparian buffer”.
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IMPERVIOUS COVER – Those surfaces that do not readily absorb precipitation and
surface water. The term includes but is not limited to buildings, parking areas, driveways,
roads, sidewalks, swimming pools, and any areas in concrete, asphalt, packed stone, or
other equivalent surfaces, including those with a coefficient of runoff of 0.7 or higher.
Impervious surfaces also include disturbed soils with a bulk density of ninety-five (95)
percent of the value at which plant growth limitation is expected for average plant
material.
LAND DISTURBANCE – Any activity that exposes soils, alters topography, and/or
alters vegetation.
NORMAL POOL ELEVATION –
A. For water bodies which have no structural measures to regulate the height of
water, the height of water at ordinary stages of low water unaffected by drought.
B. For structurally regulated water bodies, the elevation of the spillway, outlet
control, or dam crest which maintains the water body at a specified height.
C. The term does not apply to wetlands.
RIPARIAN – Belonging or related to the bank of a water body, river, stream, wetland,
lake, pond, or impoundment.
RIPARIAN BUFFER – A vegetated area, including trees, shrubs, and herbaceous
vegetation, adjacent to a water body .
TOP OF BANK – The elevation at which rising waters begin to inundate the floodplain.
In case of ambiguous, indefinite, or non-existent floodplain or question regarding the
location, the Top of Bank shall be the bankfull water elevation as delineated by a person
trained in fluvial geomorphology and utilizing the most recent edition of Applied River
Morphology by Dave Rosgen, or comparable reference book. “Top of Bank” shall be
synonymous with “edge of water.”
WATER BODY – Any natural or manmade pond, lake, wetland, impoundment, or
watercourse. This shall not include any pond or facility designed and constructed solely
to contain stormwater, or a swimming pool.
WATERCOURSE – Any channel of conveyance of surface water having a defined bed
and banks, such as a stream, river, brook, or creek, whether natural or artificial, with
perennial, intermittent or seasonal flow. This shall not include any channel or ditch
designed and constructed solely to carry stormwater.
WETLAND OR WETLANDS – Those areas inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under normal
circumstances, do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions, including swamps, marshes, bogs, ponds, lakes, and similar
areas. Wetlands shall include any area so delineated by the National Wetlands Inventory
of the U.S. Fish and Wildlife Service and all lands regulated as wetlands by the
Pennsylvania Department of Environmental Protection (PADEP) or the U.S. Army Corps
of Engineers (ACE). In the event there is a conflict between the definitions of these
agencies, the more restrictive definition that defines the wetlands most expansively shall
apply.
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Section 300. Applicability.
A. The provisions of this article shall apply to any water body as defined herein,
except as further clarified in subsection D. below.
B. The provisions of this article shall apply in accordance with subsection A. above
where any application for special exception, conditional use, variance,
subdivision, land development, or building or zoning permit is required, or when
a violation of the provisions of this article require an enforcement action.
C. The provisions of this article shall not apply to the footprints of existing primary
and accessory uses, including but not limited to all agricultural uses and research
related thereto, buildings, transportation facilities, fences, lawns, gardens, utility
lines, roads, driveways, sidewalks, bikeways, decks, piers, water, septic and
sewage supply facilities and their related appurtenances (well houses, utility pump
and lift stations, manholes, etc.).
D. For lands lying within a PADEP-designated Special Protection Watershed, the
riparian buffer requirements of Section 102.14 of Chapter 102 (Erosion and
Sedimentation Pollution Control Rules and Regulations) of the Commonwealth of
Pennsylvania, shall apply when more restrictive than the regulations provided
herein. Pursuant to Section 102.14, earth disturbance activities subject to postconstruction stormwater management (PCSM) permits cannot be located within
one hundred fifty (150) feet of a watercourse in an exceptional value (EV) or high
quality (HQ) watershed. At the time of plan and/or permit approval under this
Zoning Ordinance, applicants are responsible for demonstrating compliance with
Section 102.14 of Chapter 102, when applicable, including providing copies of all
related correspondence and relevant PADEP approvals to the Zoning Officer.
Section 400. Riparian Buffer Delineation. The riparian buffer area shall extend a
minimum total width of one hundred (100) feet from the edge of a water body, or shall
equal the extent of the 100-year floodplain, whichever is greater.
A. The riparian buffer area will consist of two distinct zones designated as:
1. Zone One: Zone One begins at each edge of a water body and shall extend
landward a minimum width of fifty (50) feet, measured horizontally on a
line perpendicular to the nearest edge of the water body, as reviewed and
approved by the municipal engineer.
a. Where steep slopes (15% to 25% or more) are located within fifty
(50) feet of the edge of a water body, Zone One shall extend the
entire distance of this steep sloped area, including any steep sloped
area that begins within fifty (50) feet and extends beyond one
hundred (100) feet. If the sloped area extends beyond one hundred
(100) feet, there will be no requirement for the establishment of
Zone Two. If the distance is less than one hundred (100) feet, but
greater than fifty (50) feet, the width of Zone Two will be adjusted
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so that the total riparian buffer width (Zone One and Zone Two) is
one hundred (100) feet.
2. Zone Two: Zone Two begins at the outer edge and on each side of any
area delineated within Zone One and extends further landward to a
minimum total width of one hundred (100) feet including Zone One, and
where the floodplain extends greater than one hundred (100) feet from the
water body, shall extend to the outer edge of the defined 100-year
floodplain.
B. Isolated wetlands and water bodies. Wetlands and water bodies not located along
a watercourse, where the wetland or water body is greater than 5,000 square feet
in area, shall have a minimum buffer width consistent with Zone One, as defined
above, from the edge of the wetland or water body around the entire perimeter.
C. Buffer increase for impaired water bodies. In the case of a water body that has
been listed by PADEP as impaired (see PADEP’s “Integrated Water Quality
Report, 2012”, or if applicable, a later revision thereof, for a listing of impaired
water bodies), Zone Two begins at the outer edge of any area delineated within
Zone One and extends further landward to a minimum total width of a one
hundred fifty (150) feet including Zone One.
D. Applicant to initially delineate. The applicant shall delineate, for the property as a
whole, any riparian buffer areas as specified in subsections 400.A through 400.C
above on any plan that is submitted for the following approvals:
1. Conditional use, special exception, or variance.
2. Subdivision or land development.
3. Any other improvements that require a zoning or building permit for the
activities within the Riparian Buffer Overlay Zoning District.
Section 500. Uses Permitted.
A. The following uses or activities are permitted by right in Zone One:
1. Wildlife sanctuaries, nature preserves, forest preserves, fishing areas,
passive areas of public and private parklands.
2. Temporary stream restoration projects, stream bank restoration projects
and vegetation restoration projects to restore the stream or riparian zone to
an ecologically healthy stage utilizing natural channel design practices to
the greatest degree possible. The project duration and timing shall be
subject to Zoning Officer approval.
3. Stream crossings for farm vehicles and/or livestock if part of a federal,
state, and/or county conservation district and/or local nonprofit riparian
buffer improvement project.
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4. Provision for stone-dust or natural trail and related trail access when
determined by the Zoning Officer to result in minimum disturbance to
existing trees and shrubs.
5. Research and monitoring devices, such as staff gages, water recording,
water quality testing, cross vanes, weirs and related demonstration
facilities.
B. The following uses or activities are permitted by right in Zone Two:
1. Uses or activities permitted in Zone One.
2. Timber harvesting operations, when conducted in compliance with a
timber harvesting plan prepared, submitted, and approved in accordance
with Section ____ of the Zoning Ordinance. Clear-cutting of timber, or
high-grading of forests, as defined therein, shall not be permitted within
the regulated riparian buffer.
3. Any other use or activity permitted in the underlying (base) district,
provided that:
a. no more than twenty (20) percent of Zone Two shall be re-graded,
filled, or otherwise altered or subject to land disturbance; and
b. with the exception of paved trails approved by the Zoning Officer,
no new impervious surfaces shall be created as a result of any
permitted uses or activities except as permitted in paragraph 500.D,
below.
C. The following uses or activities are permitted by Special Exception (or
Conditional Use, if so desired) approval in Zone One:
1. Structures that, by their nature, cannot be located anywhere except within
the riparian buffer. These structures shall include docks, boat launches,
public water supply intake structures, facilities for natural water quality
treatment and purification and public wastewater treatment plant sewer
lines and outfalls. The structures shall provide for the minimum
practicable disturbance of the riparian buffer by minimizing size and
location and by taking advantage of collocation, if possible.
2. Road crossings (when perpendicular to the stream or buffer), bridges,
culverts, utilities, and impoundments.
3. Provision for paved trail and related trail access when determined by the
Zoning Hearing Board to result in minimum disturbance to existing trees
and shrubs.
D.
The following uses or activities are permitted by Special Exception (or
Conditional Use, if so desired) approval in Zone Two:
1. Uses permitted by Special Exception in Zone One.
2. Stormwater conveyance structures and outfalls.
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3. The grazing of livestock or growing of agricultural crops provided existing
forested riparian buffers in either zone are not removed or otherwise
impacted.
4. Any other use or activity permitted in the underlying (base) district,
provided that no more than twenty (20) percent of Zone Two shall be
regraded, filled, altered, subject to land disturbance, or covered with
impervious surfaces.
E.
The following activities or practices are expressly prohibited in Zone One and
Zone Two:
1. Removal or disturbance of vegetation in a manner that is inconsistent with
erosion and sedimentation control and riparian buffer protection.
2. Storage or discharge of any hazardous or noxious materials, except those
used during emergencies for the treatment and/or maintenance of any
public sewer and public water treatment facilities (i.e., generator sets or
alternative drive units).
3. Use of fertilizers, pesticides, herbicides, and/or other chemicals, except:
a. where permitted by a valid conservation plan, forest management
plan, or approved planting and maintenance plan (see Section
600.E. below);
b. for selective herbicide application by a qualified professional to
control noxious weeds and invasive species of plants in riparian
buffers.
4. Motor or wheeled vehicle traffic in any area not designed to accommodate
adequately the type and volume of vehicular movement.
Section 600. Buffer Restoration and Planting Requirements.
A. All riparian buffer areas shall be continually maintained with a dominant mix of
native trees, shrubs, and/or herbaceous plants so as to constitute a forested
riparian buffer where not otherwise occupied by any existing use excepted in
accordance with Section 300.C., or any authorized use permitted in Section 500.
B. Impacted riparian buffer areas shall be restored by an applicant to a forested
riparian buffer, as a condition of approval of any final subdivision plan, final land
development plan, or building or zoning permit approval, except as provided in
subsection G., through invasive removal and planting of a diverse mix of native
tree and shrub species as follows:
1. For water bodies identified as impaired by PADEP, the applicant shall
restore the first one hundred (100) feet of the impacted buffer area.
2. For all other water bodies, the applicant shall only restore Zone One.
C. Restoration of the impacted riparian buffer shall occur as follows:
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1. Zone 1. Undisturbed native trees must occupy Zone 1 in its entirety.
Predominant vegetation must be composed of a variety of native tree
species planted in accordance with subsection D. below.
2. Zone 2. For restoration adjacent to impaired water bodies, in addition to
the planting requirements for Zone 1, managed native trees and shrubs
must occupy at least the first fifty (50) feet of Zone 2, beginning at the
outer edge of Zone 1. Predominant vegetation must be composed of a
variety of native riparian tree and shrub species planted in accordance with
subsection D. below.
D. Restoration plantings shall be planted at a density sufficient to provide three
hundred (300) trees per acre at maturity. To achieve this density, no less than
three hundred fifty (350) (@ approximately 10 x 10 feet spacing) trees per acre
should be planted initially. The following guide is recommended for tree spacing
and density based on plant size at installation:
1. Seedlings – 6-10 feet spacing (approx. 700 seedlings/acre)
2. Bare root stock – 14-16 feet spacing (approx. 200 plants/acre)
3. Larger and container – 16-18 feet spacing (approx. 150 plants/acre)
Additional planting guidance may be obtained from PADEP’s Bureau of
Watershed Management Document Number 394-5600-001, entitled “Riparian
Forest Buffer Guidance, November 27, 2010.
E. Applicants shall submit, and as a condition of approval of any final subdivision
plan, final land development plan, or permit, implement a planting and
maintenance plan for the impacted riparian buffer. The plan shall be prepared by a
registered landscape architect or professional plant ecologist. The plan shall
identify the number, density and species of native trees and shrubs appropriate to
the geographic location that will achieve a minimum of sixty (60) percent uniform
canopy coverage and describe the maintenance program to be conducted by the
buffer owner for a minimum of five (5) years, include measures to initially
remove, and thereafter control, invasive species, control deer and rodent damage,
and require replacement of deceased trees for a minimum of the first three (3)
years.
F. Any riparian buffer that is included within a lot created after the effective date of
this ordinance shall include as a condition of approval of the subdivision creating
the lot, a restrictive covenant approved by the municipal solicitor, and recorded
with the final subdivision or land development plan and the deed for the lot. The
restrictive covenant shall clearly define the riparian buffer area, shall include
binding provisions for the adequate long-term functioning and integrity of the
riparian buffer, and shall include a requirement for notification of all subsequent
lot owners of its restrictive nature.
G. Restoration to a forested riparian buffer shall not be required for issuance of a
building permit for a single-family residence or addition thereto.
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Section 700. Modifications to Riparian Buffer Standards.
A. For any use or activity subject to Subdivision or Land Development review, as
part of applicable Plan submission, modification(s) may be requested to the
provisions of Sections 400 or 600 of this Article. Requested modification(s) may
be granted at the discretion of the Board of Supervisors pursuant to the provisions
of the Subdivision and Land Development Ordinance.
B. For any use or activity not subject to Subdivision or Land Development review,
but subject to application for approval of a Conditional Use, Special Exception, or
Zoning Variance under the provisions of this Ordinance, the applicant may
request modification(s) to the provisions of Sections 400 or 600 of this Article.
C. For any use or activity not falling within the scope of subsections A or B, the
applicant may request modification(s) to the provisions of Sections 400 or 600 of
this Article in the form of an application for grant of a Special Exception by the
Zoning Hearing Board. (Optional: Such applications shall be submitted to the
Planning Commission for review and comment prior to formal Special Exception
application to the Zoning Hearing Board.)
D. Applicants shall provide appropriate documentation in support of their
modification request, and the Board of Supervisors or Zoning Hearing Board (as
applicable) may request additional documentation of an applicant, or of its
municipal consultants, to help reach its decision.
E. In consideration of approval of any applicant request for modification(s) under
this Article, the following standards shall serve as the basis for a decision:
1. That there are unique physical circumstances or conditions, including but
not limited to irregularity, narrowness, or shallowness of lot size or shape,
excessive frontage along a water body, presence of existing buildings or
structures, or exceptional topographical or other physical conditions
peculiar to the particular property. That because of such physical
circumstances or conditions, it is impracticable for the property to be
developed in strict conformity with the buffer requirements of this Article
and that the approval of the modification is therefore necessary to enable
the reasonable use of the property under base zoning provisions.
2. That the modification, if approved, will result in the minimum reduction in
performance of the riparian buffer, pursuant to the purposes set forth in
Section 100, as needed to provide for the lawful intended use.
F. No alteration of the Use Regulations set forth in Section 500 shall be authorized as
modification pursuant to this Section 700. Any such requested alteration shall
constitute an application for a variance, meeting all applicable requirements for
same, to be submitted to the Zoning Hearing Board.
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Acknowledgements
The Brandywine Conservancy and Pennsylvania Land Trust Association
developed this model with support from the William Penn Foundation, the
Colcom Foundation, the Pennsylvania Department of Environmental Protection
and the Growing Greener Program of the Pennsylvania Department of
Conservation and Natural Resources, Bureau of Recreation and Conservation.
Disclaimer
Nothing contained in this or any other document available at
ConservationTools.org is intended to be relied upon as legal advice. The
authors disclaim any attorney-client relationship with anyone to whom this
document is furnished.
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